Determining the limitation period applicable to an insurance claim is not as simple as it might first appear. The policy language, while important, is not the only information necessary for this determination. In each insurance claim, the policy, chronology of events and applicable law should be studied to gain a proper understanding as to the deadline for filing suit against the insurance company.
The standard contract limitation period in Texas is, by default, four years. This period is established by the so-called “residual limitations period” established by Texas Civil Practice & Remedies Code, §16.051. But the possible length of limitations for a contract claim is modified by §16.070, which states, “[A] person may not enter a stipulation, contract, or agreement that purports to limit the time in which to bring suit on the stipulation, contract, or agreement to a period shorter than two years. A stipulation, contract, or agreement that establishes a limitations period that is shorter than two years is void in this state.”
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